M/S INTER IKEA SYSTEMS BV v. AKEA FURNITURE SOLUTIONS

1. Present suit has been filed for permanent injunction restraining infringement of trademark, passing off, rendition of accounts, damages and deliver up.

2. On 31st July, 2017, this Court had passed a detailed injunction order restraining the defendant from manufacturing, selling, offering for sale, advertising directly or indirectly dealing in the products under 2017:DHC:7707 the mark AKEA or any other similar or identical mark with that of the plaintiff’s mark IKEA.

3. Today learned counsel for the defendant states that the defendant has stopped using the impugned mark AKEA. She further states that the defendant has no objection if the present suit is decreed in accordance with the prayers 35 (a) and (b) of the plaint.

4. In view of the aforesaid statement, learned counsel for the plaintiff does not wish to press for other reliefs prayed for and specifically gives up prayers 35 (c), (d), (e) and (f) of the plaint. However, learned counsel for the plaintiff points out that the impugned mark AKEA of the defendant is being shown on the following third parties websites:- Justdial https://www.justdial.com/Bangalore/Akea -Furniture-Solutions-Near-Corner- Showroom-Shivaji-Nagar/080PXX80- XX80-130131154700-X3A[3] BZDET Compliance letter sent by Defendants Defendant’s name still unchanged Indiamart https://www.indiamart.com/ company/4103953/#home letter sent by Defendants name still unchanged Indiacom http://www.indiacom.com/bangalore/akea -furnituresolutions bangalore bgl 979246.html letter not sent name continues Ebuild https://ebuild.in/akea-furniture-solutionbangalore sent name continues Webindia http://city.webindia123.com/ d-t/karnataka/bangalore/akea-furniturename solution/68179 sent continues Dealer service centre http://www.dealerservicecentre.in/list/mat tress/godrejinterio/karnataka/bangalore/akeafurniture-solutions/1712743 sent name continues Asklaila. com https://www.asklaila.com/listing/ Bangalore/shivaji-nagar/akeafurniture-andsolutions/EYz5HgOF/ sent name continues

5. Learned counsel for the defendant states that she has already written a letter to Indiamart to remove the impugned name/mark.

6. The statements and undertakings given by both the counsel are accepted by this Court and the parties are held bound by the same. This Court directs the third parties i.e. Justdial, Indiamart, Indiacom, Ebuild, Webindia, Dealer service centre and Asklaila.com to remove/delete the impugned name/mark AKEA from their websites within four weeks.

7. Consequently, the present suit is decreed in accordance with the prayers 35 (a) and (b) of the plaint. Registry is directed to prepare a decree sheet accordingly. MANMOHAN, J DECEMBER 11, 2017 KA